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Blackcat31 09:52 AM 03-09-2016
Originally Posted by Play Care:
Even if licensing also has the same rule?

For instance flavored milk isn't credible on my FP. And state regs forbid serving it.

Actually, now that I typed that out, I wonder if that's why they made the reg? To "get over" the Federal rule?
So yeah, you could serve it and argue it's credible but then you admit you're not following regs and get cited.

Originally Posted by sharlan:
CA regs, not USDA, we can't serve flavored milk. We can only serve 1% or nonfat milk. We can also only serve 4 oz of 100% fruit juice per day.

My state analyst always asks to see my milk.

My food program lists all graham crackers under cookies, servable once a week. Sweetened cereals aren't allowed. Pop tarts aren't allowed. My food program doesn't list flavored milk, probably because the state doesn't allow it.

I did find donuts and muffins, but they are listed for snack only.

They are all so different.
I suppose state licensing regulations always over ride the Food Program ones but I know of a couple states that argued the Food Program guidelines and got their state licensing regulations to add the wording "if not participating in and following a USDA CACFP program......"

So the food program rules would be priority unless you did not join one, then the state rules apply but again, only if your state agrees.
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